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Legal Question If Trump Pardons People who Invaded the Capitol

Discussion in 'BBS Hangout: Debate & Discussion' started by rocketsjudoka, Jan 9, 2021.

  1. rocketsjudoka

    rocketsjudoka Contributing Member

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    I’m curious what the lawyers here think about this idea.

    I’ve heard a lot of talk that Trump could blanket pardon the people who invaded the Capitol. People who he said he loves and are special. If he does that, or even if he doesn’t could he or his campaign organization get sued for inciting these people to threaten members of Congress and destroy and steal both Congressional but also personal property?

    While the obvious plaintiffs are the member of Congress could the Biden DOJ sue them in the name of American people?
     
  2. KingCheetah

    KingCheetah Contributing Member

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    The feds would have to state their charges and the pardons would be nullified.
     
  3. vlaurelio

    vlaurelio Contributing Member

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    1) first what's in it for Trump?
    2) will he name names of everyone involved?
     
  4. Kim

    Kim Contributing Member

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    What?
    I'm not a lawyer, but I've been studying Con law as a hobby for a year now, and um, don't know where you're getting this.
    Trump can mass pardon them, a la Lincoln after the Civil War.
     
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  5. vlaurelio

    vlaurelio Contributing Member

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    "During his presidency Lincoln issued 64 pardons for war-related offences; 22 for conspiracy, 17 for treason, 12 for rebellion, 9 for holding an office under the Confederacy, and 4 for serving with the rebels."
     
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  6. Kim

    Kim Contributing Member

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    My bad, it was Washington pardoning the whiskey rebellion.
    But the answer is the same, Trump can pardon all federal charges for all past crimes (whether or not the person or people have been charged). There is scholarly debate on whether Trump can pardon himself - most think no.

    Edit: perhaps it was Johnson after the War because Lincoln got assassinated so soon.
     
    #7 Kim, Jan 9, 2021
    Last edited: Jan 9, 2021
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  7. Surfguy

    Surfguy Contributing Member

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    [​IMG]
    "I pardon you."
     
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  8. Dubious

    Dubious Contributing Member

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  9. Lar

    Lar Contributing Member

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    Hopefully they can wait until after Jan. 20 to charge them to nullify even the possibility.
     
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  10. Dubious

    Dubious Contributing Member

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  11. KingCheetah

    KingCheetah Contributing Member

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    Obviously.
     
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  12. rocketsjudoka

    rocketsjudoka Contributing Member

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    Whether Trump can blanket pardon or not I'm thinking about the options for holding him and others responsible if he does. Pardons don't cover civil liability so can Trump and his campaign be sued if he does. Trump's raised a lot of money off of claims of a stolen election and all of his rhetoric including the rally that started the day was about overturning the election. If all of that money can be taken away that will be punishment.
     
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  13. mdrowe00

    mdrowe00 Member
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    ...that's why if anybody is serious about holding any and all parties involved in this disaster accountable (whoever and wherever they are, and whatever part or role they played...be it boots on the ground or drinks and toasts in the bunker)...

    ...you get the smoldering carcass of the Donald out of the oval office yesterday. It doesn't take 12 or 13 days for a president to issue a pardon.

    ...there isn't any "cabinet" left of any note or size or willingness that would even bother to invoke the amendment. The "conscientious objectors" who decided to finally go ahead and stop the sham of appearing professional (or even competent) and completely abdicate their civic responsibility and duty, have made that course of action unavailable. And it's not like there was ever much of a presidential "cabinet" that's been involved in this (or anything else) for a long time now, anyway...
     
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  14. nickb492

    nickb492 Contributing Member

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    This seems like a free boat situation.

     
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  15. ROXRAN

    ROXRAN Contributing Member

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    He can pardon them all in the last few seconds of his presidency if I’m not mistaken.
     
  16. rocketsjudoka

    rocketsjudoka Contributing Member

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    Also abuse of pardon power was specifically cited by the Founders as grounds for impeachment if he does this could be enough to push enough Republicans to vote for removal and / or for preventing him from running for future office even after he leaves the Presidency.
     
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  17. Surfguy

    Surfguy Contributing Member

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    It may make impeachment more likely after 01/20...which is when the Senate is going to reconvene to vote on impeachment assuming it passes the House beforehand earlier. Would Republican Senators still want to side with Trump if he blanket pardoned a bunch of domestic terrorists where 5 people lost their lives, including a cop? They could but it would be political suicide. Also, it seems all but assured there are more attempts at domestic terrorism coming. But, these Trump-hardened Republicans. You can't put anything past what they will do.
     
  18. ROXRAN

    ROXRAN Contributing Member

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    If I was the democrats I would certainly force the hand, see which Republican would vote which way. They are on offense and you can’t let up during the opportunity.
     
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  19. ROXRAN

    ROXRAN Contributing Member

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    Good point, he’s done tho. I’ll never vote for him ...pre COVID I think he did fine considering the economy but 2020 proved he couldn’t protect people, failed to have empathy for his own people and simply couldn’t counter what the democrats did...this is what I meant by him not being politically savvy and yes it started on day 1 in hindsight
     
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